European Union (Withdrawal) Act 2018

Northern Ireland Act 1998 U.K.

Yn ddilys o 31/12/2020

50 U.K. The Northern Ireland Act 1998 is amended as follows.

51 (1) Section 7 (entrenched enactments) is amended as follows. U.K.

(2) In subsection (1)—

(a) for “subsection (2)” substitute “ subsection (2A) ”,

(b) omit paragraph (a),

(c) omit “and” at the end of paragraph (c), and

(d) after paragraph (d) insert “; and

(e) the European Union (Withdrawal) Act 2018”.

(3) Omit subsection (2).

(4) Before subsection (3) insert—

“(2A) Subsection (1) does not prevent an Act of the Assembly or subordinate legislation modifying—

(a) paragraph 1(11) or (12) or 2(12) or (13) of Schedule 7 to the European Union (Withdrawal) Act 2018,

(b) paragraph 21 of Schedule 8 to that Act, or

(c) any regulations made under that Act.”

Commencement Information

I1 Sch. 3 para. 51(2)(c)(d)(4) in force at Royal Assent, see s. 25(1)(b)

Yn ddilys o 31/12/2020

52 U.K. Omit section 12 (reconsideration where reference made to ECJ).

Yn ddilys o 31/12/2020

53 U.K. In section 13 (stages of Bills), omit subsection (5)(b).

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54 U.K. In section 14 (submission of Bills by the Secretary of State for Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.

Yn ddilys o 31/12/2020

55 U.K. In the heading of section 24 (EU law, Convention rights etc.)—

(a) omit “EU law,”, and

(b) after “rights” insert “ , retained EU law ”.

Yn ddilys o 31/12/2020

56 (1) Section 27 (quotas for purposes of international etc. obligations) is amended as follows. U.K.

(2) In subsection (1)(a), for “an obligation under EU law” substitute “ a retained EU obligation ”.

(3) In subsection (2), for “obligation under EU law” substitute “ retained EU obligation ”.

(4) In subsection (4), omit “or an obligation under EU law”.

(5) After that subsection insert—

“(4A) Where an order under subsection (1) is in force in relation to a retained EU obligation, the Minister or Northern Ireland department must (in the exercise of the Minister's or the department's functions) achieve so much of the result to be achieved under the obligation as is specified in the order by the time or times so specified.”

57 U.K. After section 96(4) (orders and regulations) insert—

“(4A) Regulations under section 6A or 24(3)—

(a) shall be made by statutory instrument, and

(b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.”

Commencement Information

I2 Sch. 3 para. 57 in force for specified purposes at Royal Assent, see. s. 25(3)(h)

58 U.K. After section 96 (orders and regulations) insert—

“96A Explanatory statements in relation to certain regulations

(1) This section applies where a draft of a statutory instrument containing regulations under section 6A or 24(3) is to be laid before each House of Parliament.

(2) Before the draft is laid, the Minister of the Crown who is to make the instrument—

(a) must make a statement explaining the effect of the instrument, and

(b) in any case where the Assembly has not made a decision to agree a motion consenting to the laying of the draft—

(i) must make a statement explaining why the Minister has decided to lay the draft despite this, and

(ii) must lay before each House of Parliament any statement provided for the purpose of this sub-paragraph to a Minister of the Crown by a relevant Minister giving the opinion of the relevant Minister as to why the Assembly has not made that decision.

(3) A statement of a Minister of the Crown under subsection (2) must be made in writing and be published in such manner as the Minister making it considers appropriate.

(4) For the purposes of this section, where a draft is laid before each House of Parliament on different days, the earlier day is to be taken as the day on which it is laid before both Houses.

(5) In this section “relevant Minister” means the First Minister and the deputy First Minister acting jointly or a Northern Ireland Minister.

(6) This section does not apply to a draft of an instrument which only contains regulations under section 6A or 24(3) which only relate to a revocation of a specification.”

Commencement Information

I3 Sch. 3 para. 58 in force for specified purposes at Royal Assent, see s. 25(3)(h)

Yn ddilys o 31/12/2020

59 U.K. In section 98(1) (interpretation)—

(a) omit the definition of “EU law”, and

(b) in the definition of “international obligations” omit “EU law or”.

Yn ddilys o 31/12/2020

60 (1) Schedule 2 (excepted matters) is amended as follows. U.K.

(2) In paragraph 3(c), for “, obligations under the Human Rights Convention and obligations under EU law” substitute “ and obligations under the Human Rights Convention ”.

(3) In paragraph 12(1), omit “, the European Parliament”.

Yn ddilys o 31/12/2020

61 U.K. In Schedule 3 (reserved matters), in paragraph 38, for the words from “Technical” to “not” substitute “ The subject matter of all technical standards and requirements in relation to products that had effect immediately before exit day in pursuance of an obligation under EU law, other than ”.

Yn ddilys o 31/12/2020

62 U.K. In paragraph 1(c) of Schedule 10 (devolution issues) omit the words from “, any obligation” to “such an obligation”.